| 1. |
- Öberg, Marja-Liisa, et al.
(författare)
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One big happy 'European family'? An external perspective
- 2024
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Ingår i: The Family in EU Law.
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Bokkapitel (refereegranskat)abstract
- Close cooperation with third countries, especially in the EU’s neighbourhood, has erased a number of perceived boundaries between the EU and non-Member States. Whereas within the EU, family members are largely considered to be the natural beneficiaries of the free movement of persons with ensuing residence and social rights, it is less clear whether the same undisputed status of a family also applies beyond the EU’s borders. The EU has concluded a number of association agreements with countries in its neighbourhood which comprise, to varying degrees, access to the EU’s internal market including the free movement of workers. The Polydor-doctrine of the Court of Justice of the EU has, however, established that similarly worded provisions in the EU Treaties and cooperation agreements concluded with third countries do not guarantee identical interpretation. With a focus on Turkey, the European Economic Area and the United Kingdom, the chapter analyses the conception of family and related rights in the EU’s cooperation instruments, with an aim to establish to what extent can non-EU families be considered ‘EU families’.
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| 2. |
- Nergelius, Joakim, 1962-, et al.
(författare)
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Europarättsdagarna 2016
- 2017
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Ingår i: Europarättslig tidskrift. - Stockholm : Europarättslig tidskrift. - 1403-8722 .- 2002-3561. ; :2, s. 263-266
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Forskningsöversikt (refereegranskat)
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| 3. |
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| 4. |
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European Integration Outside-In: Third Country Influence on EU Law and Policy Making
- 2023
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Ingår i: Journal of Common Market Studies. - 1468-5965.
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Annan publikation (refereegranskat)abstract
- The study of European integration has traditionally focused "inside-in" on the internal development of common laws and policies. With the maturing of the single market and the evolution of EU external relations, attention has shifted beyond the EU to the ways in which the EU intentionally and unintentionally projects its norms beyond its borders - the "inside-out" dynamics of European integration. This panel explores a step further in the research on EU integration: the reverse influence of third countries on EU laws and policies.The inside-out movement was reflected in the processes of EU enlargements; the intensification of association relations with western, southern and eastern neighbouring countries which, either willingly or unwillingly, did not join the EU; and the development of EU actorness in trade, foreign and security relations. Three decades later, association relations with the EEA/EFTA countries, Switzerland, the countries of the European Neighbourhood Policy (ENP), and other privileged trade partners have tightened mutual political, administrative, and legal links between the EU and the countries in its neighbourhood. The participation of third countries in the EU’s structures, programmes and policies, and their adoption of EU norms is increasingly studied alongside the EU's internal differentiation under the notion of external differentiated integration. The UK's withdrawal from EU membership has moved the country into this category of deeply interdependent third countries, giving new urgency to the search for sustainable arrangements that foster association while preserving the autonomy of both parties. An increasingly challenging geopolitical context including Russia's war against Ukraine, new East-West antagonisms as well as mounting transnational challenges such as the fight against climate change, migration policy, and energy supply have added to the importance of finding flexible solutions to sustain partnerships with associated countries.This conjuncture of consolidating ties and sharing external challenges warrants the opening up of EU-studies towards greater attention to factors that influence the process of European integration beyond the EU and its member states. The Special Issue explores third country influence from the perspective of differentiated integration. It discusses the levels at and venues through which third countries can exert influence, and the legal and the legal constraints and political implications of these processes.
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| 5. |
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| 6. |
- Lavenex, Sandra, et al.
(författare)
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Third Country Influence on EU Law and Policy-making: Setting the Scene
- 2023
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Ingår i: Journal of Common Market Studies. - 1468-5965. ; 61:6, s. 1435-1453
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Tidskriftsartikel (refereegranskat)abstract
- This introductory article conceptualizes the notion of third country influence on European Union (EU) law and policy and proposes an analytical framework theorizing the venues and means through which third countries may gain such impact, under what conditions and with which implications for the EU’s legal and political order. The article first introduces the focus on outside-in influence in the context of European studies, generally, and EU privileged third country relations, specifically. Thereafter, an analytical framework is developed for mapping and explaining the outside-in dynamics on EU law and policy-making differentiating between diplomatic, governance and discursive venues; coercive versus technocratic and normative mechanisms of influence; and the legal constraints and political implications of these processes. Turning to the potential determinants of these occurrences, the article then proposes a set of hypotheses for conditions under which third countries can influence EU law and policies, before summarizing the individual contributions to this Special Issue.
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| 7. |
- Loxa, Alezini, et al.
(författare)
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The Fundament of the Fundaments? Family, Rights and Federalism in the EU Charter and EU Law
- 2024
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Ingår i: The Family in EU Law. - 9781009498838
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Bokkapitel (refereegranskat)abstract
- This chapter begins by explaining that family rights have been protected under EU law long before the adoption of the Charter. In particular, the chapter argues that the Court of Justice of the EU consolidated the protection of family life through a free movementrationale, guided by the need to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. The chapter then focuses on investigating how family rights are protected under EU law today. The authors first analyse the horizontal provisions of the EU Charter of Fundamental Rights and how they can affect both the extent of protection and the substance of family rights. Subsequently, they look at how family rights have appeared in the Court’s case law. Finally, the authors consider the interaction of family rights with the EU citizenship provisions. Exploring the connection between fundamental rights, free movement and EU citizenship, the chapter concludes by signalling the timid use of Charter provisions to advance the protection of family life.
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| 8. |
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| 9. |
- Tryfonidou, Alina, et al.
(författare)
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Introduction
- 2024
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Ingår i: The Family in EU Law.
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Bokkapitel (refereegranskat)
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| 10. |
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| 11. |
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| 12. |
- Öberg, Marja-Liisa
(författare)
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Autonomy of the EU Legal Order: A Concept in Need of Revision?
- 2020
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Ingår i: European Public Law. - 1354-3725. ; 26:3, s. 705-740
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Tidskriftsartikel (refereegranskat)abstract
- The issuing of Opinion 2/13 on the European Union’s (EU’s) accession to the European Convention on Human Rights by the Court of Justice of the EU (CJEU), followed by Case C- 284/16 Achmea and Opinion 1/17 on the compatibility with EU law of the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA), brought the concept of the autonomy of the EU legal order to the persistent limelight of scholarly attention. An important yet unanswered question that arises in the light of the CJEU’s case law is to what extent the concept of the autonomy of the EU legal order or its specific application by the CJEU has been outlived in the context of EU external relations. Closely connected to the expansion of the EU’s normative influence globally and in its neighbourhood is the necessity to set up effective institutional and procedural frameworks, including judicial protection mechanisms. The keen protection of the autonomy of the EU legal order in such instances conflicts sharply with the Union’s interests and foreign policy strategies and may well warrant a review of the current paradigm of the autonomy of the EU legal order. This article provides a critical account of the compatibility of the concept of autonomy as developed by the CJEU over the past several decades with the Union’s aspirations as a normative superpower.
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| 13. |
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| 14. |
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| 15. |
- Öberg, Marja-Liisa
(författare)
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Expanding the EU Internal Market without Enlarging the Union: Constitutional Limitations
- 2015
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- One of the most significant roles of the EU in the world is that of being a norms exporter. The EU has concluded numerous agreements with countries in its neighbourhood with the aim of encouraging third countries to adopt EU acquis in exchange for access to the internal market. The most ambitious of these agreements are the three multilateral agreements establishing the European Economic Area, the Energy Community and the European Common Aviation Area, respectively. The common feature of these agreements is the aim of extending to third countries either the entire internal market or a sector thereof. Achieving this objective is, however, challenged by the difficulty of circumscribing precisely the scope of the internal market and delimiting it from other EU policies, the sui generis nature of the EU legal order and the proclaimed need to protect its autonomy. An analysis of the concept of the internal market, the EU’s foundational principles and the institutions and procedures in place in the EU and in the three agreements for achieving and maintaining homogeneity within the expanded internal market reveals that it is, indeed, possible to extend the internal market to third countries. However, the level of homogeneity in the expanded market depends heavily on the goodwill of third country decision-makers, national administrators and, especially, courts to adopt and give the same effect to rules of EU origin outside the EU as within the Union. The objective of full homogeneity within an expanded internal market inevitably requires a certain transfer of supranational characteristics also to the agreements exporting the acquis.
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| 16. |
- Öberg, Marja-Liisa, et al.
(författare)
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Foreseeability and Anticipation as Constraints on Member State Action under Mixed Agreements
- 2022
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Ingår i: The EU and its Member States’ Joint Participation in International Agreements. - : Hart Publishing. - 9781509945900 - 9781509945870 ; , s. 59-76
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Bokkapitel (refereegranskat)abstract
- The Member States’ external action, including the conclusion of mixed agreements, is constrained not only by an obligation to conform to EU law as it is but also by an obligation to foresee or anticipate its future developments. The latter may concern either changes in legislation or policy, or the case law of the Court of Justice. Foreseeability demands anticipation or awareness of a future event or circumstance. Anticipation, on the other hand, suggests a prior action which takes into consideration a later action. This chapter discusses the relevance of both foreseeability and anticipation as concepts in EU law, generally, and EU external relations law, particularly, with special regard to the conclusion of mixed agreements. It shows that Union institutions must foresee certain future developments and events when taking action both internally and externally, while elements of anticipation constrain Member States based on the duty of loyal cooperation. It establishes both the substantive and temporal scope of these duties imposed on the Member States and discusses their relevance with regard to the case law of the Court of Justice in the context of mixed agreements. Overall, the chapter intends to contribute to understanding the temporal, ‘prospective’ side of restrictions incumbent on the Member States’ external action, especially in the context of mixed agreements.
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| 17. |
- Öberg, Marja-Liisa
(författare)
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Friend Zone Forever? The Essence of and Justifications for the EU’s Decision-Making Autonomy
- 2023
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Ingår i: Journal of Common Market Studies. - 1468-5965. ; 61:6, s. 1622-1638
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Tidskriftsartikel (refereegranskat)abstract
- The expansion of the European Union’s (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union’s decision-making autonomy. Albeit stringently applied, the concept is ambiguous and undefined. This article endeavours to unfold its meaning, use and significance, and question whether its rigid nature is justified in light of the Union’s aims in expanding its regulatory sphere. The article argues that the ultimate rationale of decision-making autonomy is to ensure the effectiveness of the EU legal order as well as to compensate for the member states’ loss of sovereignty, investment and risk-taking. Insofar as non-member states do not demonstrate similar commitment to the EU, exclusion from decision-making is justified to retain the privilege and attractiveness of membership.
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| 18. |
- Öberg, Marja-Liisa, 1987-
(författare)
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From EU Citizens to Third Country Nationals : The Legacy of Polydor
- 2016
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Ingår i: European Public Law. - : Kluwer Law International. - 1354-3725 .- 1875-8207. ; 22:1, s. 97-114
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Tidskriftsartikel (refereegranskat)abstract
- This article considers the possible effects of ‘Brexit’ on British nationals who would no longer be EU citizens. Any Member State withdrawing from the Union is unlikely to cut all ties to the Internal Market. It is almost inevitable that a departing State would need to set up a bilateral or multilateral arrangement for the purpose of continuing to participate in the Internal Market. The analysis compares the legal status of the citizens of a withdrawing state vis-à-vis EU citizens and examines whether and under what conditions third country nationals are conferred rights and obligations in the EU Internal Market which are equal to those enjoyed by EU citizens. In this context, the possibility of using the Polydor doctrine to empower third country nationals to an extent comparable to EU nationals is explored.
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| 19. |
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| 20. |
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| 21. |
- Öberg, Marja-Liisa, et al.
(författare)
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Inre marknadens gränser i och utanför EU
- 2023
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Ingår i: EU:s inre och yttre gränser i en konfliktfylld värld. ; , s. 81-101
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 22. |
- Öberg, Marja-Liisa, 1987-
(författare)
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Internal Market Acquis as a Tool in EU External Relations : From Integration to Disintegration
- 2020
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Ingår i: Legal Issues of Economic Integration. - : Kluwer Law International. - 1566-6573 .- 1875-6433. ; 47:2, s. 151-177
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Tidskriftsartikel (refereegranskat)abstract
- Brexit and the ensuing uncertainty about the United Kingdom's (UK's) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis - both of integration and disintegration - in the EU's relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU's Member States to also integrating third countries into the Union's sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an 'internal' and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery.
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| 23. |
- Öberg, Marja-Liisa
(författare)
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The Boundaries of the EU Internal Market : Participation without Membership
- 2020
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Bok (refereegranskat)abstract
- The book examines the twofold 'boundaries' of the concept of the European Union's internal market – the geographical and the substantive – through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union's market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union's legal order.
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| 24. |
- Öberg, Marja-Liisa, et al.
(författare)
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The boundaries of the internal market in- and outside the EU
- 2024
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Ingår i: The Borders of the European Union in a Conflictual World: Interdisciplinary European Studies.
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Bokkapitel (refereegranskat)abstract
- This chapter addresses the question of the outer limits of the European Union’s (EU) internal market and its significance in the Union's foreign policy, especially in relations with the EU’s neighbouring countries. The internal market forms the core of European integration and has gained increased importance in the external context. Through an analysis of the relevance of the internal market within the EU as well as in the Union's policies towards the neighbourhood countries, the chapter argues that the extension of the boundaries of the internal market forms a highly significant part of the Union's external policy consolidating its leading role in the region. The expansion of the internal market offers third countries a strong opportunity to identify themselves as belonging to the wider European community and ensures a long-term commitment to the European integration project. While the formal, physical and administrative borders of the EU remain, the boundaries of the internal market continue to be blurred and the European integration project broadened and deepened for the benefit of security and prosperity in the region.
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| 25. |
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| 26. |
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| 27. |
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| 28. |
- Öberg, Marja-Liisa, et al.
(författare)
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Third countries in EU agencies: Participation and influence
- 2019
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Ingår i: The External Dimension of EU Agencies and Bodies: Law and Policy. ; , s. 204-221
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Bokkapitel (refereegranskat)abstract
- The EU’s practice of exporting its acquis to third countries is increasingly coupled with the integration of third countries in the work of the Union’s agencies. The reasons for including third countries vary, as do the forms and intensity of the cooperation. The aim of this study is to assess the possibilities for non-EU member states, in particular those that adopt and implement EU acquis in their national legal orders, to influence the content of the EU acquis via their involvement in the EU agencies. As a general conclusion, the bigger the stake of third countries in the internal market and other EU policies and the more extensive their commitment to the Union’s acquis, the larger is their potential impact in agencies and on the shaping of the acquis that they are bound to adopt and implement.
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